Fiji Magistrates Bench Book - Federal Court of Australia

Supplementing the record
In cases where there is a dispute as to the content of the Court record and there are filed sworn
affidavits by either party in a criminal proceeding, you may be required to file an affidavit in
response justifying the contents of the record. These are very rare situations but they do occur
from time to time.
2 Revision
After the hearing and determination by of any criminal proceeding by the Magistrate’s Court, the
High Court may call for and examine the Magistrate’s Court record to determine the following:
• the correctness of the decision taken;
• the legality or propriety of any finding, sentence or order recorded or passed; and/or
• the regularity of the proceedings undertaken: s323 CPC.
The Magistrate’s Court may also call for records of inferior Courts and report the same to the
High Court for exercise of the Court’s powers on revision: s324 CPC.
2.1 Powers of the High Court on Revision
Upon revising the Magistrate’s Court record, the High Court may impose, confirm, reduce,
enhance or alter the nature of any sentence, provided that:
• no order shall be made which prejudices a person unless that person has had an
opportunity of being heard, either personally or by counsel in defence: s325(2) CPC; and
• no sentence shall be imposed which the Magistrate’s Court could not have passed:
s325(3) CPC.
2.2 Limits to Revision
The powers of revision of the High Court do not allow the Judge to convert an acquittal into a
conviction: s325(4) CPC.
Where an appeal is the appropriate means to access the High Court jurisdiction and no appeal is
brought, no proceeding by way of revision shall be entertained: s325(5) CPC.
No party has any right of appearance before the High Court when exercising such powers of
revision: s326 CPC.
Fiji Magistrates Bench Book April 2004